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Wrongful Death Claims vs. Survival Actions
I heard there are two types of claims I can pursue after losing my spouse in a wrongful death. Is this true?
Yes, there are two types of claims survivors can pursue after losing their loved ones in Georgia. One is called a wrongful death claim and the other is a survival action. These are two separate claims that families can pursue against the person who caused the death of their loved one.
With a Georgia wrongful death claim, a spouse, child, or parent can bring a claim for the full value of the life of the deceased. With this type of claim, families can get compensated for the loss of their loved one due to a wrongful act that was done accidentally or on purpose. Types of damages that can be collected in this type of claim can include loss of companionship, loss of income, and a lot more.
In a survival action, the administrator of the estate of the deceased brings this type of claim for medical expenses, funeral costs, and pain and suffering prior to death. It is considered a claim for the victim’s personal injuries.
Most of the time, families pursue a wrongful death lawsuit based on the principle of negligence; however, it may be appropriate to pursue both claims. If you are the husband, wife, mother, father, or child of a wrongful death victim, you may have both claim options.
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